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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.V. BALAKRISHNAN, JJ.
Suo Motu - Appellant
Versus
State of Kerala - Respondent
D.B.P. No. 81 of 2024
Decided On : 19-05-2025
(A) Travancore-Cochin Hindu Religious Institutions Act, 1950 - Sections 1(3), 15A, 16, 31, and 31A - Conduct of religious ceremonies - Constitution of a 50-member committee for ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ at Vaikom Sree Mahadeva Temple - The court directed the committee's activities to be governed by the bye-laws under Section 31A and mandated audits of income and expenditure. (Paras 10, 18, 8)
(B) Administrative oversight - The Travancore Devaswom Board is responsible for ensuring traditional rites are performed and for the management of Devaswoms. (Paras 11, 12)
(C) Crowd management - The court emphasized the need for proper crowd management during the ceremonies to ensure safety and comfort for devotees. (Paras 6, 7)
Facts of the case:
This DBP was initiated regarding the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ at Vaikom Sree Mahadeva Temple, with a committee formed to oversee the events scheduled for 2025.
Findings of Court:
The court ordered the formation of a committee and mandated audits of its financial activities, ensuring compliance with the Act's provisions.
Issues: The main issues included the governance of the committee's activities and the necessity for audits of its financial dealings.
Ratio Decidendi: The court ruled that the committee's operations must adhere to the bye-laws established under the Act, ensuring transparency and accountability in financial matters.
Result: The DBP was disposed of with directions for compliance and audit.
ORDER :
Anil K. Narendran, J.
1. This DBP is registered suo motu, vide the order dated 26.07.2024 in DBP No.57 of 2022 and W.P. (C) No.22489 of 2024, after obtaining the order of the Hon’ble the Acting Chief Justice, on the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ in Vaikom Sree Mahadeva Temple, which were scheduled to be conducted from 17.03.2025 for 41 days and 01.04.2025 to 13.04.2025, respectively. Report No.2 of 2024 in DBP No.57 of 2022 filed by the learned Advocate Commissioner forms part of this DBP.
2. On 01.08.2024, when this DBP came up for consideration, the learned Senior Government Pleader entered appearance for respondents 1 to 8, Adv.A. Sreekala, the learned Standing Counsel for Vaikom Municipality for the 9th respondent and the learned Standing Counsel for Travancore Devaswom Board for respondents 10 to 14. This Court issued notice to the 15th respondent Temple Advisory Committee by speed post, returnable within ten days. The learned Standing Counsel for Travancore Devaswom Board submitted that regarding the formation of an Executive Committee for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ the Board has convened a meeting on 27.07.2024 at Vaikom Sree Mahadeva Temple and a list of 39 persons is prepared apart from 11 persons from the Temple Advisory Committee, which is pending approval before the Board. By the order dated 01.08.2024, the learned Standing Counsel was directed to place on record the list of those persons, along with a memo, by 06.08.2024.
3. On 13.09.2024, when this DBP came up for consideration, this Court passed a detailed order regarding the constitution of a 50 member committee, with 15 elected Secretaries, for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu-2025’ in Vaikom Sree Mahadeva Temple. In the said order it was made clear that the entire activities of the committee and the sub committees constituted for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ 2025 shall be governed by the provisions contained in the bye-laws framed under sub-section (3) of Section 31A of the Travancore-Cochin Hindu Religious Institutions Act, 1950. Paragraphs 4 to 19 of that order read thus:
“4. A meeting of the devotees of Vaikom Sree Mahadeva Temple was convened on 28.07.2024 to elect 50 member committee including the existing 11 members of the Temple Advisory Committee. Accordingly, a 50 member committee is constituted as evident from Annexure R10(a) report dated 03.08.2024 submitted by the Administrative Officer, Vaikom to the Assistant Devaswom Commissioner, Vaikom.
5. On 05.08.2024, the learned Advocate Commissioner filed Report No.1 of 2024, enclosing therewith a chart of office bearers of the committee for the conduct of ‘Kodi Archana’ and ‘Vadakkupurathu Pattu’ 2025 in Vaikom Sree Mahadeva Temple. The said chart is reproduced hereunder:
6. On behalf of the 15th respondent Temple Advisory Committee, an affidavit dated 08.08.2024 has been placed on record, producing therewith Annexures R15(a) and R15(b). An affidavit dated 29.08.2024 of respondents 10 to 14 has also been placed on record, producing therewith Annexure R10(b) mahazar of the meeting held on 27.08.2024, along with the list of office bearers elected in that meeting, which consists of 20 members from the 50 member committee.
7. The learned Advocate Commissioner has filed Report No.2 of 2024 dated 02.09.2024, producing therewith Annexure 1 notice dated 23.08.2024 of the Deputy Devaswom Commissioner, Vaikom, Annexure 2 panel submitted by the Temple Advisory Committee dated 27.08.2024 and Annexure 3 panel submitted by another group of devotees dated 27.08.2024.
8. By the order dated 06.09.2024, the learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court the files relating to the decision taken by the Devaswom Commissioner.
9. Heard the learned Senior Government Pleader for respondents 1 to 8, the learned Standing Counsel for 9th respondent Municipality,
The court mandated that the activities of the committee for conducting religious ceremonies must comply with the bye-laws under the Travancore-Cochin Hindu Religious Institutions Act, ensuring transp....
The court emphasized the necessity of establishing legal ownership and compliance with audit regulations for Temple Advisory Committees to ensure transparency in fund management.
The court established that the Cochin Devaswom Board must protect temple funds and properties, ensuring proper management and preventing exploitation through unauthorized online platforms.
The main legal point established in the judgment is the legal impermissibility of unauthorized committees collecting funds in Hindu religious institutions, emphasizing the need for strict compliance ....
The court reinforced that the Temple Advisory Committee must fulfill statutory duties regarding financial account audits while confirming the limit of writ jurisdiction to prevent unlawful directives....
Only the Temple Advisory Committee constituted under Section 31A of the Act can conduct activities and collect funds in the temple; unauthorized committees are prohibited from interfering.
The Travancore Devaswom Board must ensure proper maintenance of temples, and the Temple Advisory Committee is authorized to collect funds for renovations under strict compliance with statutory proced....
Temples under the management of the Travancore Devaswom Board must remain apolitical, following the provisions of the Religious Institutions (Prevention of Misuse) Act, 1988, which prohibits politica....
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
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